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Opinion 182

Case Name: 

In re Allen

Judge: 
Judge Allen
Date: 
Apr-1-1986
Case Number(s): 
85A-0372
Status: 

UNPUBLISHED

Body: 

Debtors sought to dismiss their chapter 7 bankruptcy in order to immediately refile it and obtain a discharge of both medical expenses incurred postpetition and a student loan. The court denied the motion, concluding that 11 U.S.C. § 707 applies to voluntary dismissals and requires a showing of "cause" for the dismissal. The court found that neither debtors' desire to discharge debts incurred postpetition, nor to time bar a claim of non-dischargeability constituted "cause" for dismissal of their bankruptcy case.

Internal Ref: 
Opinion 182
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